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Last Modified on Apr 02, 2026
Divorce in North Carolina is a relatively straightforward system compared to many other states. However, you still need to understand the legal grounds to file for divorce. Without meeting these specific legal requirements, your case cannot move forward. What are the grounds for divorce in North Carolina? If you’re considering divorce but aren’t sure if you meet the legal grounds to petition the court, work with a North Carolina divorce attorney to understand your options and obligations to prove your case.
Is North Carolina a No-Fault State?
North Carolina is a no-fault divorce state, meaning you do not have to demonstrate that your partner did anything wrong to end your marriage legally. Instead, the court only requires that at least one spouse state the marriage is irretrievably broken and that the couple has lived separate and apart for a required period. In many cases, the only ground you need is one year of separation.
Fault concerns can still be raised in court, but neither spouse has an obligation to prove it. Rather, marital misconduct like infidelity or abuse may factor into decisions regarding alimony, property division, and custody.
Absolute Divorce vs. Bed and Board Divorce
With a divorce rate of 2.7 per 1,000 residents, people in North Carolina should understand that the state recognizes two different legal actions: absolute divorce and divorce from bed and board. When most people in North Carolina think of divorce, they think of absolute divorce. It is the full legal termination of a marriage. Once granted, both spouses are single again and free to remarry. To qualify, you must meet the state’s no-fault requirement, which typically involves living separately for 12 consecutive months.
A divorce from bed and board, on the other hand, is not a true divorce. It is a court-ordered legal separation based on marital fault, such as abandonment, cruel treatment, or adultery. Instead of ending the marriage, it formalizes the separation and can address issues like support or possession of the home. While it doesn’t dissolve the marriage, it can impact alimony and other financial matters and may be used as a step before filing for an absolute divorce.
How The Jonas Law Firm, P.L.L.C Can Help
Established in 1912, The Jonas Law Firm, P.L.L.C., has been representing the people of North Carolina for over 100 years. When it comes to your divorce case, we can work with you to explain your rights, value your assets, negotiate on your behalf, and represent you in court proceedings. North Carolina’s divorce laws can be complicated, but our attorneys can help you navigate the complex legal process and work toward a marriage agreement that suits you and your unique situation.
Hire a Divorce Lawyer from The Jonas Law Firm, P.L.L.C
If your marriage is coming to an end, it’s time to speak with an experienced North Carolina divorce attorney. Hire a trusted divorce lawyer from The Jonas Law Firm, P.L.L.C. to give you the legal guidance you need. These cases are never easy, and the emotional stress of a divorce can seriously weigh on you. Allow our team to manage your case while you focus on whatever comes next.
Contact us today to schedule a consultation. You don’t need to go through this challenging time on your own. Lean on the experience of our lawyers throughout your divorce.